According to the Board of
Regents, members
now doubt whether individual colleges raising tuition rates necessarily
must go through the Legislature to do so, as it appears they would courtesy of
a 1995 constitutional
amendment (now Art. VII, Sec. 2.1) that reads “Any … increase in an
existing fee or civil fine imposed or assessed by the state or any board,
department, or agency of the state shall require the enactment of a law by a
two-thirds vote of the elected members of each house of the legislature.” Enough
doubt seemed to exist about whether tuition counted that a year later an
attorney general’s (96-353) opinion
needed issuing to confirm that, where it said that as the mission of higher education
was to provide exactly that, a charge for anything directly related to that constituted
a fee.
This upset in particular new
Regent Edward Markle, who declared, “A fee is for a driver’s license or a
speeding ticket. Tuition is something you pay for yourself voluntarily. It’s
not a fee you pay the government; you pay it to educate yourself.” Such a statement
makes one wonder whether Markle might be the best choice in a matter of legal
representation if you want to win your case.